ORS 543A.410
Fee schedule

  • appeal

(1)

All expenses incurred by the Hydroelectric Application Review Team and its participating agencies that are charged to or allocated to the fee paid by an applicant shall be necessary, just and reasonable. Upon request, the team shall provide the applicant with a detailed justification for all charges. Not later than January 1 of each year, the Water Resources Director by order shall establish a schedule of fees that those persons submitting a notice of intent must submit under ORS 543A.030 (Notice of intent) or 543A.075 (Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes). The fee schedule shall be designed to recover the actual costs of evaluating the notice of intent. Fees shall be based on actual, historical costs incurred by the team and its participating agencies to the extent historical costs are available. The fees established by the schedule shall reflect the size and complexity of the project for which a notice of intent is submitted.

(2)

If a dispute arises regarding the necessity or reasonableness of expenses charged to or allocated to the fee paid by an applicant, and if the dispute is not resolved by the directors of the affected agencies, the applicant may seek judicial review in circuit court of the amount of expenses charged or allocated as provided in ORS 183.480 (Judicial review of agency orders), 183.484 (Jurisdiction for review of orders other than contested cases), 183.490 (Agency may be compelled to act) and 183.500 (Appeals). If the applicant establishes that any of the charges or allocations are unnecessary or unreasonable, the amount found to be unnecessary or unreasonable shall be refunded to the applicant. The applicant shall not waive the right to judicial review by paying the portion of the fee or expense in dispute. [1997 c.449 §34]

Source: Section 543A.410 — Fee schedule; appeal, https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html.

543A.005
Definitions
543A.010
Findings
543A.015
Purpose
543A.020
Policy
543A.025
Minimum standards for decision on reauthorization of water right
543A.030
Notice of intent
543A.035
Reauthorization application and public comment
543A.040
Process determination
543A.045
Public scoping meeting
543A.050
Application report
543A.055
Hydroelectric Application Review Team review of application
543A.060
Coordination of state and federal reauthorization processes
543A.065
Changes to expiration date of water right for existing project
543A.071
Water Resources Department notification to holder of hydroelectric license or water right for hydroelectric purposes
543A.075
Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes
543A.080
Submission of preliminary application information
543A.085
Public scoping meeting
543A.090
Mid-study status report
543A.095
Draft application
543A.100
Final application for water right
543A.105
Hydroelectric Application Review Team review of final application
543A.110
Water quality certification
543A.115
Final unified state position
543A.120
Proposed final order
543A.125
Approval or rejection of application for reauthorization
543A.130
Contested case hearing
543A.135
Exceptions to final order
543A.140
Terms, limitations and conditions of water right
543A.145
Water right certificate
543A.150
Modification of time limits
543A.300
Decommissioning
543A.305
Conversion of hydroelectric water right to in-stream water right
543A.400
Duties of Hydroelectric Application Review Team
543A.405
Application fees
543A.410
Fee schedule
543A.800
Effect of hydroelectric reauthorization process on existing rights
543A.805
Reference to licensee or license
543A.810
Effect of amendment or repeal of law
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